J-1 Waivers for Physicians to Engage in Research of National or International Significance

Physicians who receive clinical medical residency training in the U.S. pursuant to a J-1 exchange visitor visa are required to return to their home country for two years before they are eligible to apply for an H-1B visa or permanent residency. J-1 visa physicians need not complete this two-year home requirement if they are approved for a waiver to engage in research of national or international significance under sponsorship from the U.S. Department of Health and Human Services (HHS).

Who qualifies

In order to qualify for this type of waiver through HHS, the exchange visitor must form "an integral part of the program or activity, or of an essential component thereof, so that a loss of his/her services would necessitate discontinuance of the program or a major phase of it." Demonstration that a suitable replacement for the J-1 cannot be found through recruitment or other means is required. Furthermore, the exchange visitor "must possess outstanding qualifications, training and experience well beyond the usually expected accomplishments at the graduate, postgraduate, and residency levels, and must clearly demonstrate the capability to make original and significant contributions to the program."

Private, non-federal institutions, organizations or agencies or component agencies of HHS may request a HHS waiver on behalf of a J-1 exchange visitor, where the program or activity in which the exchange visitor is employed is of high priority and of national significance in an area of interest to HHS.

How to apply

Obtaining a J-1 waiver is a three-step process. The first step is to obtain a recommendation for a waiver from an interested government agency (IGA), like HHS. This recommendation is then forwarded to the United States Department of State Waiver Review Division in Washington, D.C., which in turn issues its recommendation to the U.S. Citizenship and Immigration Services (USCIS), which provides approval of an Application to Waive Foreign Residence Requirements (Form I-612).

The significance of a USCIS approved Application to Waive Foreign Residence Requirements is limited to the waiver of the two year home requirement. It does not, however, place the J-1 into a legal nonimmigrant status, nor does it imply authorization to work in the U.S.